Question
Over the phone Jesicca and Rachel Hill ordered a computer from Ray Tech 2020 Inc. Inside the box were the computer and a list of
Over the phone Jesicca and Rachel Hill ordered a computer from Ray Tech 2020 Inc. Inside the box were the computer and a list of contract terms which provided that the terms governed the transaction unless the customers returned the computer within thirty days. Among those terms was a clause that required any claims to be submitted to arbitration. The Hills kept the computer for more than thirty days before complaining to Ray Tech about the computer's components and its performance. When the matter was not resolved to their satisfaction the Hills filed a suit in a court against Ray Tech arguing among other things that the computer was defective. Ray Tech asked the court to enforce the arbitration clause. The Hills claimed that this term was not part of a contract to buy computer because the list on which it appeared had been in the box and they did not see the list until after the computer was delivered.
Should the court enforce arbitration clause?
Do shrink-wrap agreements impose too great a burden on purchasers?
Why or why not.
Discuss full and give justification to your answer.
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